Chief Judge: Chief Sized Offender Bias

“Justice by name, not by
nature” states Ruth Money Sensible Sentencing Trust
National Spokesperson, of Justice Helen Winkelmann’s
decision to discharge without conviction the offender
charged with the fatal attack on 15 year old schoolboy
Stephen Dudley.

The Solicitor General has today announced
that “there is no jurisdiction to appeal or review the
Judges decision” in this case.

“Despite
overwhelming public support for an appeal it appears as if
once again the so called Justice system has let down not
only Stephen and his family, but also the New Zealand public
as a whole” states Money.

“The message is
clear: The Chief High Court Judge thinks discharging without
conviction a man who attacked a younger, smaller person with
a blind-sided and unprovoked punch to the neck, a vulnerable
part of the body, followed by a flurry of other punches, is
an acceptable response.

“You have to ask yourself if
Justice Winkelmann, who is in fact the Chief High Court
Judge, engineered her presiding over this case so she could
deliver this appalling decision knowing it was unable to be
reviewed or appealed” states Money.

“The
decision to discharge without conviction fails to uphold the
community’s expectations of justice and once again
demonstrates the strong systemic preference for the offender
vs the victim. Who holds the Judges in New Zealand
accountable for their decisions, when the ‘leadership’
in the form of the Chief High Court Judge hands down
injustice like this?” asks Money.

“As the Chief
High Court Judge you expect leadership from Justice
Winkelmann, however this decision simply sets a sad example
to the bar of what to do to avoid being appealed. It is an
absolute outrage” asserts Money.

“We
are seeing an increase in ludicrous sentencing and discharge
decisions of late, and yet there seems to be nowhere for the
public and victims to turn to. Judicial decisions should
remain responsive to, and reflective of contemporary public
expectations at all times. Justice Winkelmann’s decision
to discharge offender ‘M’ does nothing to deter nor
denounce violence in our community, in fact, it will only
encourage it by setting this precedent.” states
Money.

“Upon detailed review of this case SST and in
fact the public think the Judge got it badly wrong in this
case and yet currently in New Zealand Judges cannot be
disciplined or removed for poor performance so it remains a
mystery how they are held accountable for their
decisions.”

“If the Solicitor General has no
jurisdiction to review this case then we truly do have an
absolute travesty on our hands and the public of New Zealand
are quite right to be outraged. Surely common sense would
dictate that you can't acquit someone who has pled guilty to
an offence? It’s completely contradictory. Sadly common
sense is not that common” says Money.

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